The defendant shall be innocent.

1. The summary of the facts charged in the instant case is a person who is engaged in driving C C C, C, a car.

On October 24, 2013, the Defendant driving the said vehicle at approximately 15 km section from the front side of the Nam-gu Seoul metropolitan apartment to the front side of the new village in the Cheongdong-dong, without obtaining a driver's license on October 24, 2013.

2. (i) The Defendant and his defense counsel acknowledged that the Defendant driven the said car as stated in the facts charged, but they did not know the fact that the Defendant’s driver’s license was cancelled at the time, and therefore, they asserted to the effect that there was no intention to drive

The crime of violation of Articles 152, 152, and 43 of the Road Traffic Act is a so-called intentional crime established only when a vehicle is operated with knowledge that there is no valid driver's license. Even if the previous driver's license was revoked, it cannot be deemed as a crime of violation of the Road Traffic Act (free driver's license) unless the driver did recognize the cancellation of license, and the police authority issued a notice of the cancellation of the driver's license.

Even if so, it cannot be readily concluded that the driver was aware of the fact that the license was revoked. In this case, whether the driver knew of such circumstances should be determined individually by taking into account the reason for revocation of license and the severity of the illegal act committed in each case, whether the driver was subject to revocation for the same reason, and the reason why the license was not notified.

(see, e.g., Supreme Court Decision 2004Do6480, Dec. 10, 2004). However, according to the records of this case, the following facts are revealed.

① Since the Defendant acquired a Class-II ordinary driver’s license on February 14, 1992, the Defendant obtained a Class-I ordinary driver’s license on March 22, 2005 due to a ten-yearless driving.

(2) The Commissioner of the Gwangju Local Police Agency shall cancel the period of aptitude tests on July 17, 2013.